Malcolm Rivera
Royal assent is the final step in the process of turning a bill into a law in Australia. It is granted by the realm's sovereign or, more frequently, by the representative of the sovereign, the governor-general. In the case of a bill proposing to amend the constitution, it must be submitted to the electorate in a referendum and receive majority support before receiving royal assent. While the power to veto by withholding royal assent was once frequently exercised by European monarchs, it has become a rare occurrence since the 18th century. In modern constitutional monarchies, royal assent is considered a formality. This raises the question of whether it is constitutionally permissible for ministers to advise against giving assent to a bill that has been validly passed by both houses of parliament.
| Characteristics | Values |
|---|---|
| Royal Assent in Australia | Granted or withheld by the governor-general or the monarch |
| Who can grant Royal Assent | The governor or lieutenant governor of each state |
| Bills requiring Royal Assent | Bills proposing to amend the constitution |
| Process before Royal Assent | Attorney-General must examine the bill, followed by formal advice from the Solicitor-General and other senior lawyers, and consideration by the Cabinet |
| Time taken for Royal Assent | Up to two weeks, urgent assent can be obtained in some circumstances |
| Role of the Clerk of the Parliament | Advise OQPC to prepare a copy of the bill, including any amendments |
| Role of OQPC | Send an electronic copy of the bill to the Clerk for confirmation of its correctness |
| Role of the Governor | Sign two parchment copies of the bill on behalf of the Head of State, the Queen |
| Constitutional duties | One of the key constitutional duties of the Governor |
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What You'll Learn
Royal assent is required for constitutional amendments in Australia
Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In Australia, royal assent is granted or withheld by the governor or lieutenant governor of each state. This is because Australia is a federation.
Royal assent is an essential step in the law-making process in Queensland, and one of the key constitutional duties of the Governor. The granting of royal assent to a bill is typically associated with an elaborate ceremony. However, it is usually granted less ceremoniously by letters patent. Once a bill has received royal assent, it becomes an act.
In the special case of a bill proposing to amend the constitution, the bill is submitted to the electorate in a referendum and must receive majority support before receiving royal assent. This is an exception to the usual process, where bills are passed normally by parliament before receiving royal assent.
There is speculation that controversial bills may be passed against the government's wishes. In such a case, the government may advise that royal assent be refused. However, this would be politically damaging and constitutionally dubious.
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The governor-general can withhold royal assent
In Australia, the governor-general acts as the monarch's representative and has the right to withhold royal assent, or veto, a bill. This is a power that has been rarely used since the 18th century, even in nations that still permit their monarchs to withhold assent to laws, such as the United Kingdom, Norway, the Netherlands, Liechtenstein, and Monaco.
In the case of Australia, if there are any substantial issues regarding the constitutional validity of a bill, the Attorney-General must consider them before the bill is introduced into the Legislative Assembly. The Solicitor-General and other senior lawyers may also provide formal advice during this process, and the Cabinet may also be involved in the consideration. Once a bill has passed the Legislative Assembly, the Clerk of the Parliament advises the OQPC to prepare a copy of the bill, including any amendments, and requests that they supply copies in two forms: the bill as at its third reading and the bill in parchment form. The parliamentary counsel then writes to the Attorney-General, advising that the bill has been passed and will be presented to the Governor for assent.
The governor-general's role in giving royal assent is to check that Parliament followed the Constitution when passing the bill. While no governor-general has ever refused to sign a bill in Australia, they have occasionally returned bills to Parliament due to drafting errors, only assenting once these errors have been fixed.
In other nations, such as the Solomon Islands and Tuvalu, royal assent may not be refused, and constitutional provisions require it to be granted in a timely manner. In some cases, like in Papua New Guinea, no royal assent is required for the passage of bills, and legislation becomes effective upon the certification of the speaker of the national parliament.
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The monarch can veto a bill on ministerial advice
In Australia, the governor-general, as the monarch's representative, has the right to dissolve parliament and sign a bill. The governor-general may grant royal assent in person during a ceremony or by a written declaration notifying parliament of their agreement with the bill.
In modern constitutional monarchies, royal assent is considered a formality or a certification that a bill has passed all established parliamentary procedures. The monarch would not veto a bill except on ministerial advice.
The last monarch to veto a bill was Queen Anne, who, on 11 March 1708, vetoed the Scottish Militia Bill on the advice of her ministers. No monarch has since withheld royal assent from a bill passed by parliament. During the rule of the succeeding Hanoverian dynasty, power shifted to be exercised more by parliament and the government.
While there is no constitutional provision that allows the monarch to directly veto legislation, neither is there a prohibition on the sovereign from withholding royal assent.
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Royal assent is the final step in turning a bill into law
Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In Australia, royal assent is granted or withheld by the relevant governor or lieutenant governor. This is the final step in turning a bill into law.
In the special case of a bill proposing to amend the constitution, the bill is submitted to the electorate in a referendum and must receive majority support before receiving royal assent. All other bills passed normally by the Parliament become acts of Parliament once they have received royal assent.
The process of having a bill assented to can take up to two weeks, though urgent assent can be obtained in some circumstances. Once a bill has been passed by Parliament, copies of the bill bearing a certificate from the Speaker of the House of Representatives or the President of the Senate are given to the Governor-General by the House of introduction. The Governor-General gives the Royal Assent to the bill by signing two copies of the bill. In rare cases, the bill is assented to by the King.
The Royal Assent is given by the Governor-General after receiving the necessary documentation from the Attorney-General and the Parliament. Proclamations fixing commencement dates for Acts, or sections of Acts, are drafted by OQPC on instructions from the responsible department and made by the Governor-General in Council. The Act commences to operate as a new law on the date of assent, subject to any commencement provision included in the Act. If there is no commencement specified (and the Act does not alter the Constitution), the Act will commence 28 days after it receives the Royal Assent.
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The process of royal assent can take up to two weeks
In Australia, royal assent is granted by the governor-general (as the monarch's representative) who has the right to dissolve parliament and sign a bill. The governor-general signs the bill and notifies the president of the Senate and the speaker of the House of Representatives, who then notify their respective houses of the governor-general's actions. This process is typically ceremonial, but in Australia, the formal ceremony of granting assent in parliament has not been regularly used since the early 20th century.
Urgent assent can be obtained in some circumstances. If urgent assent is required, the chief executive of the sponsoring department must give the Clerk of the Parliament the earliest possible written notification and the reasons that urgent assent is required.
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Frequently asked questions
Royal Assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf.
Royal Assent is required for constitutional amendments in Australia as it is one of the key constitutional duties of the Governor. In Australia, a bill proposing to amend the constitution is submitted to a referendum and must receive majority support before receiving Royal Assent.
Once a bill has been passed by both houses of parliament, it is presented to the Governor for Royal Assent. The Clerk of the Parliament advises OQPC to prepare a copy of the bill, and the Attorney-General is informed. The Governor then signs two parchment copies of the bill on behalf of the Head of State, after which the bill becomes an Act.
While it is uncommon for Royal Assent to be refused, it is not unheard of. In 1912, Alan McWhirter argued that the Queen should refuse assent to the European Communities Bill as it would limit the powers of parliament. Ultimately, the bill was passed, but this example demonstrates that there is a precedent for refusing Royal Assent in certain circumstances.
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